KAPIL DEV AGGARWAL Vs. U T CHANDIGARH

JUDGEMENT

(1.) By way of filing this petition, the petitioner seeks grant of anticipatory bail in respect of a case registered against him vide FIR No.305 dated 19.9.2018 under Sections 406, 420 and 120-B of Indian Penal Code, 1860 at Police Station Central, Sector-17, Chandigarh.

(2.) The FIR was lodged at the instance of Ms. Shamita Jain, wherein it has been alleged that she was Director of a company named M/s Premium Acres Infratech Pvt. Reg. and that the said company had hired services of Chartered Accountants namely Alok Jain and Kapil Aggarwal c/o M/s. B. Aggarwal & Co. Said Kapil Aggarwal had been introduced to the company by Parminder Singh Sehgal, Chartered Accountant. It is alleged that balancesheet for the year 2010-2011 was audited by Alok Jain and a provision for payment of tax for an amount of Rs. 37,51,120/- was made on account of profits of the company. The balance-sheet for the year 2011-2012 was audited by Kapil Aggarwal and was signed by Alok Jain, wherein a provision for tax for an amount of Rs. 25,89,789/- had been made. It is alleged that Parminder Singh Sehgal told the company that he had checked all the books of accounts, tax calculations and that the company will be required to pay the taxes as per the provisions made in the balance-sheets and consequently the company transferred the requisite amount in the account of Kapil Aggarwal so as to pay-off the tax liability of the company. Parminder Singh Sehgal is alleged to have shown stamped acknowledegment receipts depicting the payments/deposit of the taxes with the Income Tax Department and had represented that the assessments in respect of the assessment years in question had been accepted as complete by the Income Tax Department. It is alleged that the company had deposited an amount of Rs. 1,23,47,871/- from time-to-time in the account of Kapil Aggarwal so as to pay the income tax on behalf of the company. It is alleged that subsequently when the husband of the complainant came suspicious and got the record verified from Income Tax Department, it was revealed that the aforesaid income tax had not been paid and that the acknowledgement receipts in question, which had been shown to the company by Parminder Singh Sehgal were all forged. It is thus alleged that Parminder Singh Sehgal in connivance with Alok Jain and Kapil Aggarwal had played a fraud with the company as well as with the Income Tax Department.

(3.) Notice of this petition was issued to State. The learned State counsel assisted by learned counsel for the complainant is opposing the petition.